Summary
stating that § 191-c is limited to sales representatives who work as independent contractors, rather than commission salespersons who work as employees
Summary of this case from Toro v. Graphic Commc'ns Holding, Inc.Opinion
2013-05-9
Lawrence KASOFF, Plaintiff–Respondent, v. KVL AUDIO VISUAL SERVICES, INC., et al., Defendants–Appellants.
Clifton Budd & DeMaria, LLP, New York (George F. Brenlla of counsel), for appellants. Grabell & Associates, P.A., New York (Matthew R. Grabell of counsel), for respondent.
Clifton Budd & DeMaria, LLP, New York (George F. Brenlla of counsel), for appellants. Grabell & Associates, P.A., New York (Matthew R. Grabell of counsel), for respondent.
Judgment, Supreme Court, New York County (Milton A. Tingling, J.), entered April 18, 2012, insofar as appealed from as limited by the briefs, awarding plaintiff a total amount of $215,672.72, inclusive of double damages, court costs and reasonable attorneys' fees, unanimously modified, on the law, to strike that part of the judgment awarding double damages, court costs and reasonable attorneys' fees, and to remand for recalculation of interest and total judgment, and otherwise affirmed, without costs.
This Court's prior order ( see 87 A.D.3d 944, 930 N.Y.S.2d 5 [1st Dept. 2011] ) awarded plaintiff the full amount of his Miscellaneous commission claim ($47,731.47) as a sanction for defendants' intentional interference with discovery orders and alteration of critical discoverable documents ( see Sony Corp. of Am. v. Savemart, Inc., 59 A.D.2d 676, 398 N.Y.S.2d 539 [1st Dept. 1977] ).
However, plaintiff was not entitled to double damages, court costs and reasonable attorneys' fees as allowed under Labor Law § 191–c. That provision is limited to “sales representative[s]” who work as independent contractors pursuant to contracts with a principal as defined in Labor Law § 191–a, and here, plaintiff was employed by defendants, which made him a “commission salesperson[ ],” as that term is defined in Labor Law § 190(6) and § 191(1)(c).